The Supreme Court Today…

RECENT SUPREME COURT NEWS Supreme Court & Chicago Gun Ban Obama’s Nominee to the Supreme Court Supreme Court in the News Chicago Hand Gun Ban Overturned Snyder v. Phelps: US Supreme Court & Free Speech RECENT SUPREME COURT NEWS

THE U.S. SUPREME COURT Sets the most important precedents Why the Court is significant: Sets the most important precedents All courts must follow U.S. Supreme Court decisions Supreme Court has changed many laws Upheld all-male draft registration Ended segregation Allowed drug testing of high school athletes Declared forced prayer in schools unconstitutional

How the Court Functions 9 Justices hear each case A Majority Rules Does not consider all appeals brought to it Of 8,000 cases brought, they consider 80 More than ½ come from inmates (4, 000) Petitions for certiorari = request of a lower court to send up its records 99% of these requests are denied Can set its own Agenda: Usually takes cases where lower courts disagree Takes cases it believes deal with critical national policy How the Court Functions

Court’s Term = 1st Monday of October thru the end of June 75% of cases heard come from Federal Courts/25% from State Courts In about ½ of the cases, the opinion of lower court is reversed. Authority to interpret the meaning of the Constitution and federal laws Job Description

Party who appeals to the SC = usually the losing party in a federal circuit court of appeals or state supreme court Process = 1. request in writing that court hear case = legal brief Emphasizes why case should be heard rather than how it should be decided 2. Party that won the case in lower court = submits a brief that explains why case should not be heard 3. If 4/9 judges agree to hear the case, a petition for certiorari is granted **one exception to majority rule on the Court Procedure

Trials at the Supreme Court Step 1: Parties write briefs arguing to court how case should be decided Step 2: Oral argument is scheduled at the Court Each side is given 30 minutes to present to the Justices Step 3: Justices ask questions of the lawyers Step 4: Justices meet in private to discuss the case and process of opinion drafting begins More than1/2 of all decisions are unanimous (i.e. 9-0)…media emphasizes disagreement Trials at the Supreme Court

Appointment 9 Justices are nominated by President Confirmed by the Senate Appointment is for life Appointment

The Federal Judicial Circuits

The Role of Society Court can reverse earlier Supreme Court Decisions Society’s prevailing views may change Newly appointed Justices disagree with earlier perspectives and decisions Example: Many cases from the ’60’s and ’70’s were reversed in the 80’s and 90’s Court became more conservative The Role of Society

Critics and Proponents of the Appointment Process Claim judges should not be nominated for personal or political viewpoints Other criteria such as… Experience & expertise as a lawyer or judge Intelligence & integrity Good moral character Critics and Proponents of the Appointment Process

Proponents of the Appointment System The President should be able to appoint whomever he or she wishes including people with similar viewpoints. Is this fair? Is this constitutional? Is this how other jobs work? Proponents of the Appointment System

Landmark Cases that Affect You! Texas vs. Johnson: Burning the Flag as an act of protest… Roe vs. Wade: The Right to Choose or Right to Life Landmark Cases that Affect You!